[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)] [Notices] [Pages 44966-44969] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-22547] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission August 19, 1997. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written comments should be submitted on or before October 24, 1997. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all comments to Judy Boley, Federal Communications Commission, Room 234, 1919 M St., N.W., Washington, DC 20554 or via internet to [email protected]. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collections contact Judy Boley at 202-418-0214 or via internet at [email protected]. [[Page 44967]] SUPPLEMENTARY INFORMATION: OMB Approval No.: 3060-0785. Title: Changes to the Board of Directors of the National Exchange Carrier Association and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45. Form No.: FCC Form 457, Universal Service Worksheet. Type of Review: Extension of a currently approved collection. Respondents: Business or other for-profit entities. Number of Respondents: 20,000. Estimated Hour Per Response: 4.31 hours per response (average). Frequency of Response: On occasion; semi-annual; quarterly; and monthly reporting requirements. Estimated Total Annual Burden: 86,250 hours. Needs and Uses: The Telecommunications Act of 1996 (1996 Act) directed the Commission to initiate a rulemaking to reform our system of universal service so that universal service is preserved and advanced as markets move toward competition. To fulfill that mandate, based on the recommendations of the Federal-State Joint Board on Universal Service, the Commission adopted a Report and Order in CC Docket No. 96-45 on May 8, 1997 to implement the Congressional directives set out in section 254 of the Communications Act of 1934, as amended by the 1996 Act. In the Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Docket Nos. 97-21 and 96-45, the Commission further clarifies reporting requirements necessary to calculate contributions to universal service. Section 254(d) requires all telecommunications carriers that provide interstate telecommunications services to make equitable and nondiscriminatory contributions towards the preservation and advancement of universal service. Section 254(d) also permits the Commission to require providers of interstate telecommunications to contribute to universal service if it would serve the public interest. Pursuant to section 54.703 of the Commission's rules, all contributors must contribute to the support mechanisms based on their end-user telecommunications revenues. End-user telecommunications revenues are those revenues derived from end users for telecommunications or telecommunications services. End-user telecommunications revenues also include revenues from subscriber line charges. Support for programs for schools, libraries, and rural health care providers will be based on interstate, intrastate and international end-user telecommunications revenues. Support for programs for high cost areas and low-income consumers will be based on interstate and international end-user telecommunications revenues. In order to compute contributions, contributors must submit semi-annually information regarding their end- user telecommunications revenues. Section 54.711 of the Commission's rules requires contributing entities to submit a semi-annual Universal Service Worksheet, FCC Form 457 (the Worksheet) and quarterly contributions to universal service. See 47 C.F.R. 54.711. The Worksheet requires entities to submit information regarding their end-user telecommunications revenues. It will require entities to list their revenues by several categories and to specify what portion of their revenues are attributable to interstate services. The Worksheet will be used by the Administrator or Temporary Administrator to calculate total end-user telecommunications revenues. This information shall be used to calculate the quarterly contribution factors which shall be applied to individual end-user telecommunications revenues to calculate individual contributions. Universal service contribution factors shall be based on the ratio of projected costs of the support mechanisms for the funding year, including administrative expenses, to the revenue base, calculated from information contained in the Worksheets. The 1998 universal service funding year will begin January 1, 1998 and end December 31, 1998. The Administrator or Temporary Administrator will adjust the contribution factor every quarter based on projected demand for services, administrative costs, etc. The Report and Order set forth a partial listing of the types of interstate services for which contributions must be made. Carriers that provide interstate services, including, but not limited to: cellular telephone and paging services; mobile radio services; operator services; PCS; access to interexchange service; special access; WATS; toll-free services; 900 services; MTS; private line; telex; telegraph; video services; satellite services; and resale services must contribute to the universal service support mechanisms. See 47 CFR Section 54.703. The Administrator or Temporary Administrator will bill contributors and the contributor will then submit its quarterly payment to the Administrator or Temporary Administrator. Contributors that provide services to schools, libraries, and health care providers may be eligible to receive a credit against their contributions. A contributor seeking a credit must submit information to the Administrator or Temporary Administrator regarding the services provided at less than cost. See 47 C.F.R. 54.515. The Administrator or Temporary Administrator will send contributors a quarterly bill that will set out the quarterly contribution due. In addition, contributors will be allowed to submit their quarterly contribution with the information necessary to calculate any credits. The Commission exempts certain carriers from the contribution requirement. If based on the funding year's first quarter contribution percentage, a contributor's yearly contribution would be less than $100, it will not be required to submit a Worksheet and a contribution. The information will be used by the Commission and the Administrator or Temporary Administrator to calculate contributions to the universal service support mechanisms. OMB Approval No.: 3060-0786. Title: Petitions for LATA Association Changes by Independent Telephone Companies. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other for profit. Number of Respondents: 20. Estimated Time Per Response: 6 hours per response. Frequency of Response: On occasion reporting requirement. Total Annual Burden: 120 hours. Estimated Annual Reporting and Recordkeeping Cost Burden: N/A. Needs and Uses: In Petitions for LATA Association Changes by Independent Telephone Companies, Memorandum Opinion and Order (Order), CC Docket No. 96-158, the Commission pursuant to the provisions of the Communications Act of 1934, as amended requests that independent telephone companies (ITCs) and Bell Operating Companies provide certain information to the Commission regarding ITC requests for changes in local access and transport area (LATA) association and modification of LATA boundaries to permit the change in association. The Commission has provided voluntary guidelines to assist ITCs in filing petitions for changes in LATA association and connected modification of LATA boundaries. The guidelines ask that each LATA association change request include the [[Page 44968]] following information: (1) Type of request; (2) exchange information; (3) number of access lines or customers; (4) public interest statement; (5) a map showing exchanges and LATA boundaries involved; (6) a list of extended local calling service (ELCS) routes between the independent exchange and the LATA with which it is currently associated; and (7) a BOC supplement requesting a modification of the LATA boundary. A carrier will be deemed to have made a prima facie case supporting grant of the proposed change in association if the petition: (1) States that the association change is necessary because of planned upgrades to the ITC's network or service that will require routing traffic through a different BOC LATA; (2) involves a limited number of access lines; and (3) includes a statement from the affected BOC(s) requesting a LATA modification. The guidelines will assist the ITCs in filing LATA association petitions and the Commission in determining whether a change in LATA association should be granted. The requested information will be used by the Commission to determine whether the need for the proposed changes in LATA association outweighs the risk of potential anticompetitive effects, and thus whether requests for changes in LATA association and connected modifications of LATA boundaries should be granted. OMB Approval No.: 3060-0784. Title: USAC Board of Directors Nomination Process, CC Docket Nos. 97-21 and 96-45. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other for profit. Number of Respondents: 17. Estimated Time Per Response: 20 hours per response. Frequency of Response: On occasion; biennially. Total Annual Burden: 340 total annual hours. Estimated Annual Reporting and Recordkeeping Cost Burden: N/A. Needs and Uses: In Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Docket Nos. 97-21 and 96-45, the Commission appoints the National Exchange Carrier Association (NECA) the temporary administrator of the universal service support mechanisms, subject to its creating a separate subsidiary, the Universal Service Administrative Company (USAC), to administer the support programs. The Commission also directs NECA to create two unaffiliated corporations to administer portions of the schools and libraries and rural health care programs. USAC's Board of Directors shall consist of 17 individuals who represent a cross section of industry providers and support program beneficiaries: (1) Three directors shall represent incumbent local exchange carriers, with one director representing the Bell Operating Companies and GTE, one director representing ILECs (other than the Bell Operating Companies) with annual operating revenues in excess of $40 million, and one director representing ILECs (other than the Bell Operating Companies) with annual operating revenues of $40 million or less; (2) Two directors shall represent interexchange carriers, with one director representing interexchange carriers with more than $3 billion in annual operating revenues and one director representing interexchange carriers with annual operating revenues of $3 billion or less; (3) One director shall represent commercial mobile radio service (CMRS) providers; (4) One director shall represent competitive local exchange carriers; (5) One director shall represent cable operators; (6) One director shall represent information service providers; (7) Three directors shall represent schools that are eligible to receive universal service discounts; (8) One director shall represent libraries that are eligible to receive universal service discounts; (9) One director shall represent rural health care providers that are eligible to receive supported services; (10) One director shall represent low- income consumers; (11) One director shall represent state telecommunications regulators; and (12) One director shall represent state consumer advocates. The Commission instructs industry and non- industry groups to nominate a consensus candidate for each seat on the Board. Each of these industry and non-industry groups shall submit the name of its nominee for a seat on USAC's Board of Directors, along with relevant professional and biographical information about the nominee, to the Chairman of the Federal Communications Commission within 14 calendar days of the publication of the Report and Order's rules in the Federal Register. Only members of the industry or non-industry group that a Board member will represent may submit a nomination for that position. See 47 C.F.R. Sections 69.614, 69.617. Members of the USAC Board will be appointed for two-year terms. Board members may be re- appointed for subsequent terms pursuant to the initial nomination and appointment process described above. The information will be used by the Commission to select USAC's Board of Directors. The information requested is not otherwise available. Without such information the Commission could not appoint a representative body to USAC's Board of Directors and, therefore, could not fulfill its statutory responsibilities in accordance with the Communications Act of 1934, as amended. OMB Approval No.: 3060-0646. Title: Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers (CC Docket 94-129). Form No.: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other for profit. Number of Respondents: 500. Estimated Time Per Response: 2 hours per response. Frequency of Response: On occasion reporting requirement. Total Annual Burden: 1000 hours. Estimated Annual Reporting and Recordkeeping Cost Burden: N/A. Needs and Uses: Interexchange carriers are required to provide consumers with letters of agency (LOA) that are physically separate or severable from any inducements or promotional materials. The letter of agency must be written in clear and unambiguous language and printed in a font whose size and style are comparable to the inducement. On July 15, 1997, the Commission released a combined Further Notice of proposed Rulemaking and Memorandum Opinion and Order on Reconsideration which amends the Commission's rules and policies governing the unauthorized switching of subscribers' primary interexchange carriers (PICs). In the Order on Reconsideration the Commission amends its rules regarding changes in subscribers' long distance carriers in three respects. The Commission amended its rules to (1) require carriers using letters of agency to fully translate the LOA into the same language as associated promotional materials, oral descriptions and instructions; (2) incorporate the terms interLATA and intraLATA into 64.1150(e)(4); and, (3) clarify that carriers must confirm orders for long distance service by telemarketing using only one of the four verification options contained in Section 64.1100. [[Page 44969]] Federal Communications Commission William F. Caton, Acting Secretary. [FR Doc. 97-22547 Filed 8-22-97; 8:45 am] BILLING CODE 6712-01-P